The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL PRACTICE RULES OrderIX 255
ORDER MADE AT TRIAL. CONSEQUENTIAL ORDERS AND SUSPENSION OF
SAME PENDING APPEAL
IO. Varying order of restitution of property. ~er$o~~
on appeal, Where, upon the trial of a person entitled
Chapter against his conviction, an order of restitution of any property
to any person has been made by the judge of the court of trial, the person
in whose favour or against whom the order of restitution has been made,
any person in whose favour or against whom an order to which Rule 11
relates has been made, and, with the leave of the Court of Criminal
Appeal, any other person, shall, on the final hearing by the Court of
Criminal Appeal of an appeal against the conviction on which such
order of restitution was made, be entitled to be heard by the Court of
Criminal Appeal before any order under the provisions of section 670 of
the Code, annulling or varying such order of restitution is made.
ers for restitation, etc., to be subject to property
for pnrposes of appeal, Where the judge
t of trial is of o that the title to any property the subject
of an order of restitution made on a conviction of a person before him,
or any property to which the provisions of sub-section 1 of section 26
of the Sale of Goods Act, 1896, apply, is not in dispute, he, if he shall
be of opinion that such property or a sample or portion or facsimile
representation thereof is reasonably necessary to be produced for use
at the hearing of any appeal, shall give such directions to or impose
such terms upon the person in whose favour the order of restitution is
made, or in whom such property revests under such sub-section as he
shall think right in order to secure the production of such sample, portion
or facsimile representation for use at the hearing of any such appeal.
62. ~~~~~~~~ suspe~~sion of orders made on conviction, as to mosey,
s, costs, etc. (a) Where, on the conviction of a person, the judge
of the court of trial makes an order under chapter LXV. of the Code
condemning such person to the payment of the whole or of any part of
the costs and expenses of the prosecution for the offence of which he shall
be convicted out of any moneys taken from such person on his apprehension
or otherwise, or where such judge lawfully makes on the conviction
of any person before him any order for the payment of money by such
convicted person or by any other person or any order afiecting the
rights or property of such convicted person the operation of such orders
shall in any of such cases be suspended until the expiration of 14 days
and until the expiration of such further time as a judge of the court
shall, on application, think fit to direct after the day on which any of
such orders were made. And in cases where notice of appeal or notice
of application for leave to appeal is given, within 14 days from and after
the date of such conviction, such orders shall be further suspended until
the dete~m~nation of the appeal against the conviction in relation to
which they were made. The Court of Criminal Appeal may by order
annul any order to which this Rule refers on the determination of any
appeal under the Code, or may vary such order, and such order, if
annulled, shall not take effect, and, if varied, shall take effect as so varied.
The proper officer of the court of trial shall keep a record of any
orders to which this Rule refers.
Judge’s directions as ta prop^^ of convicted person pending appeal,
{b) Where the judge of the court of trial makes any such order, on a
person convicted before him, as in this Rule mentioned, he shall give